42 U.S.C. § 19103 — Activities

Page 9299 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 19103 analysts to perform statistical queries nec- essary to answer approved project questions, and prohibits any other queries; and (E) the National Secure Data Service dem- onstration project conducts privacy risk as- sessments to minimize the privacy risks to individual entities whose data has been made available by a reporting entity, includ- ing those privacy risks that could result from data breaches of any system operated by the reporting entity, as well as for deter- mining approved project questions under subparagraph (D) to minimize the privacy risks to individuals affected by uses of the statistical output; and (2) the National Secure Data Service dem- onstration project shall implement reasonable measures commensurate with the risks to in- dividuals’ privacy to achieve the outcomes under subparagraphs (A) through (E) of para- graph (1), which may include the appropriate application of privacy-enhancing technologies and appropriate measures to minimize or pre- vent reidentification risks consistent with any applicable guidance or regulations issued under subchapter III of chapter 35 of title 44. (g) Transparency The National Secure Data Service established under subsection (b) shall maintain a public website with up-to-date information on sup- ported projects. (h) Report Not later than 2 years after August 9, 2022, the National Secure Data Service demonstration project established under subsection (b) shall submit a report to Congress that includes— (1) a description of policies for protecting data, consistent with applicable Federal law; (2) a comprehensive description of all com- pleted or active data linkage activities and projects; (3) an assessment of the effectiveness of the demonstration project for mitigating risks and removing barriers to a sustained imple- mentation of the National Secure Data Serv- ice as recommended by the Commission on Evidence-Based Policymaking; and (4) if deemed effective by the Director, a plan for scaling up the demonstration project to facilitate data access for evidence building while ensuring transparency and privacy. (i) Authorization of appropriations There are authorized to be appropriated to the Director to carry out this subsection $9,000,000 for each of fiscal years 2023 through 2027. (Pub. L. 117–167, div. B, title III, § 10375, Aug. 9, 2022, 136 Stat. 1574.) Editorial Notes REFERENCES IN TEXT The Foundations for Evidence-Based Policymaking Act of 2018, referred to in subsec. (c), is Pub. L. 115–435, Jan. 14, 2019, 132 Stat. 5529. For complete classification of this Act to the Code, see Short Title of 2019 Amend- ment note set out under section 101 of Title 5, Govern- ment Organization and Employees, and Tables. The Confidential Information Protection and Statis- tical Efficiency Act of 2018, referred to in subsec. (e), is title III of Pub. L. 115–435, Jan. 14, 2019, 132 Stat. 5544. For complete classification of this Act to the Code, see Short Title of 2019 Amendment note set out under sec- tion 101 of Title 44, Public Printing and Documents, and Tables. The Privacy Act of 1974, referred to in subsec. (e), is Pub. L. 93–579, Dec. 31, 1974, 88 Stat. 1896, which enacted section 552a of Title 5, Government Organization and Employees, and provisions set out as notes under sec- tion 552a of Title 5. For complete classification of this Act to the Code, see Short Title of 1974 Amendment note set out under section 552a of Title 5 and Tables. PART G—DIRECTORATE FOR TECHNOLOGY, INNOVATION, AND PARTNERSHIPS § 19101. Establishment There is established within the Foundation the Directorate for Technology, Innovation, and Partnerships to advance research and develop- ment, technology development, and related solu- tions to address United States societal, na- tional, and geostrategic challenges, for the ben- efit of all Americans. (Pub. L. 117–167, div. B, title III, § 10381, Aug. 9, 2022, 136 Stat. 1576.) § 19102. Purposes The purposes of the Directorate established under section 19101 of this title are to— (1) support use-inspired and translational re- search and accelerate the development and use of federally funded research; (2) strengthen United States competitive- ness by accelerating the development of key technologies; and (3) grow the domestic workforce in key tech- nology focus areas, and expand the participa- tion of United States students and researchers in areas of societal, national, and geostrategic importance, at all levels of education. (Pub. L. 117–167, div. B, title III, § 10382, Aug. 9, 2022, 136 Stat. 1576.) § 19103. Activities Subject to the availability of appropriated funds, the Director shall achieve the purposes described in section 19102 of this title by making awards through the Directorate that— (1) support transformational advances in use-inspired and translational research and technology development, including through di- verse funding mechanisms and models at dif- ferent scales, to include convergence accelera- tors and projects designed to achieve specific technology metrics or objectives; (2) encourage the translation of research into innovations, processes, and products, in- cluding by— (A) engaging researchers on topics rel- evant to United States societal, national, and geostrategic challenges, including by educating researchers on engaging with end users and the public; (B) advancing novel approaches and reduc- ing barriers to technology transfer, includ- ing through intellectual property frame- works between academia and industry, non- profit entities, venture capital communities, and approaches to technology transfer for applications with public benefit that may Page 9300 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 19104 not rely on traditional commercialization tools; and (C) establishing partnerships that connect researchers and research products to busi- nesses, accelerators, and incubators that en- able research uptake, prototype develop- ment and scaling, entrepreneurial education, and the formation and growth of new compa- nies; (3) develop mutually-beneficial research and technology development partnerships and col- laborations among institutions of higher edu- cation, including historically Black colleges and universities, Tribal Colleges or Univer- sities, minority-serving institutions, emerging research institutions, EPSCoR institutions, and nonprofit organizations, labor organiza- tions, businesses and other for-profit entities, Federal or State agencies, local or Tribal gov- ernments, civil society organizations, other Foundation directorates, national labs, field stations and marine laboratories, and, as ap- propriate, international entities and bina- tional research and development foundations and funds, excluding foreign entities of con- cern; (4) partner with other directorates and of- fices of the Foundation for specific projects or research areas including— (A) to pursue basic questions about nat- ural, human, and physical phenomena that could enable advances in the challenges and key technology focus areas under section 19107 of this title; (B) to study questions that could affect the design (including human interfaces), safety, security, operation, deployment, or the so- cial and ethical consequences of tech- nologies and innovations in the challenges and key technology focus areas under sec- tion 19107 of this title, including the develop- ment of technologies and innovations that complement or enhance the abilities of workers and impact of specific innovations on domestic jobs and equitable opportunity; and (C) to further the creation of a domestic workforce capable of advancing, using, and adapting to the key technology focus areas; (5) build capacity and infrastructure for use- inspired and translational research at institu- tions of higher education across the United States, including by making awards to support administrative activities that advance devel- opment, operation, integration, deployment, and sharing of innovation; (6) support the education, mentoring, and training of undergraduate students, graduate students, and postdoctoral researchers, to both advance use-inspired and translational research and to address workforce challenges, through scholarships, fellowships, and traineeships; and (7) identify social, behavioral, and economic drivers and consequences of technological in- novations that could enable advances in the challenges and key technology focus areas under section 19107 of this title. (Pub. L. 117–167, div. B, title III, § 10383, Aug. 9, 2022, 136 Stat. 1576.) § 19104. Requirements In carrying out the activities under the Direc- torate, the Director shall ensure the pro- grammatic work of the Directorate and Founda- tion— (1) utilizes the full potential of the United States workforce by avoiding undue geo- graphic concentration of research and develop- ment and education funding across the United States, and encourages broader participation in the key technology focus area workforce by populations historically underrepresented in STEM; and (2) incorporates a worker perspective through participation by labor organizations and workforce training organizations. (Pub. L. 117–167, div. B, title III, § 10384, Aug. 9, 2022, 136 Stat. 1577.) § 19105. Assistant Director (a) In general The Director shall appoint an Assistant Direc- tor responsible for the management of the Di- rectorate established under this part, in the same manner as other Assistant Directors of the Foundation are appointed. (b) Qualifications The Assistant Director shall be an individual, who by reason of professional background and experience, is specially qualified to— (1) advise the Director on all matters per- taining to use-inspired and translational re- search, development, and commercialization at the Foundation, including partnership with the private sector and other users of Founda- tion funded research; and (2) develop and implement the necessary policies and procedures to promote a culture of use-inspired and translational research within the Directorate and across the Founda- tion and carry out the responsibilities under subsection (c). (c) Responsibilities The responsibilities of the Assistant Director shall include— (1) advising the Director on all matters per- taining to use-inspired and translational re- search and development activities at the Foundation, including effective practices for convergence research, and the potential im- pact of Foundation research on United States societal, national and geostrategic challenges; (2) identifying opportunities for and facili- tating coordination and collaboration, where appropriate, on use-inspired and translational research, development, adoption, and commer- cialization— (A) among the offices, directorates, and di- visions within the Foundation; and (B) between the Foundation and stake- holders in academia, the private sector, in- cluding non-profit entities, labor organiza- tions, Federal or State agencies, and inter- national entities, as appropriate; (3) ensuring that the activities carried out under this part do not substantially and un- necessarily duplicate activities supported by other parts of the Foundation or other rel- evant Federal agencies;